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Monday, October 26, 2015

U.S. Department of Transportation Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Ave, SE 

Washington, DC 20590

Petitioners Contact Information:

Petitioner: Mark Klatman

Epic Media, Inc.

2755 E. Oakland Park Blvd. #102

Fort Lauderdale, Florida 33306

Phone No: 954-790-6790

Email: mark@epicmediausa.com

Petitioner is seeking an exemption from the following rules:

14 C.F.R 21(h); 14 C.F.R. 43.7; 14 C.F.R. 43.11; 14 C.F.R 45.11; 14 C.F.R. 45.27; 14 

C.F.R. 45.29; 14 C.F.R. 61.23(a) and (c); 14 C.F.R. 61.101(e)(4) and (5); 14 C.F.R 

61.113(a); 14 C.F.R 61.315(a); 14 C.F.R 91.7(a); 14 C.F.R 91.9(b)(2); 14 C.F.R. 91.9(c); 

14 C.F.R. 91.103(b)(2); 14 C.F.R. 91.105; 14 C.F.R 91.109; 14 C.F.R. 91.113(b); 14 

C.F.R. 91.119 (c); 14 C.F.R.91.121, 14 C.F.R. 91.151(a); 14 C.F.R. 91.203(a) and (b); 14 

C.F.R. 409(a)(1) and (2); and 14 C.F.R. 91.417(a) and (b) to operate commercially small 

unmanned aircraft systems (UAs) (6.5 lbs. or less).

Unmanned Aircraft System

Petitioner plans to operate a UAS, the DJI PHANTOM 2, which is comprised of an 

unmanned aircraft and a transportable ground station.

The DJI PHANTOM 2 is a quad-copter with a maximum gross weight of approximately

3 pounds. It is equipped with four rotors that are driven by electric motors powered by

batteries. The DJI PHANTOM 2 has a maximum airspeed of 30 knots. Please see DJI 

PHANTOM 2 Manual attached hereto and incorporated as Exhibit “A”.

Petitioner is a videographer and will be using the aerial photography and/or video for 

public and/or private use for marketing of residential and commercial real estate, 

inspections, surveys, television production for both open and closed sets, and social 

events.

Petitioner will only operate the UAS in a safe environment that is strictly controlled and 

away from power lines, airports and heavily populated areas.

Petitioner will conduct extensive preflight inspections and protocols to ensure that the 
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DJI PHANTOM 2 is operating effectively and safely.

Flights will be at altitudes of no more than 400 feet agl, and at speeds less than 20 knots. 

Despite, the 400 ft agl limit most flights will take place at an altitude of no more than 100 

foot agl.

Flights will be operated within line of sight of a Pilot in Charge (PIC) and Visual 

Observer (VO).

The requested exemption will permit the operation of the DJI PHANTOM 2. The DJI 

PHANTOM 2 is a small, unmanned multi-rotor aircraft, weighing 2.9lbs. inclusive of 

batteries, the propeller guard and technical payload. The rotorcraft can operate at a speed 

up to 29 knots, but Epic Media, Inc. will limit the speed to no more than 20 knots. The 

FAA has previously granted Exemption No. 11138, allowing commercial flight of a 

member of the DJI Phantom 2 Family, the Phantom 2 Visions + Exemption 11138 is 

attached hereto and incorporated as Exhibit “B”.

The Phantom 2 will have the following specifications:

Airframe: DJI Phantom 2

Flight Control System: Naza – M V2, which includes the main controller (MC) internal 

measurement unit (IMU) with built-in internal sensor, barometric altimeter, which 

measures attitude and altitude, compass, GPS, and radio receiver (Rx).

Transmitter (Tx): 2.4 GHz remote controller

Receiver (Rx): Internal to DJI Phantom 2

Data Link: 2.4G Data Link

Video Link: DJI AVL 5.8

Gimbal: H4-3D Zenmuse Gimbal for GoPro Hero

Camera: Go Pro Hero 4 Black

Batteries: 3S LiPo, 5200-mAh, 11.1V

iOSD: DJI iOSD mini, which allows live telemetry to be displayed on the video monitor, 

including the battery level and altitude.

Training

The PIC will be trained in operation of UAS generally and receive up to date information 

on the UAS to be operated pursuant to this grant. The PIC has received DJI PHANTOM 
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2 specific training and will continue to keep up to date training on the DJI PHANTOM 2 

to ensure efficiency on the platform. The PIC’s experience includes over 250 hours of 

flying time with the Phantom 2.

The minimum flight crew for each operation will consist of the UA, PIC, and VO. 

The PIC will have completed UA-specific training provided by the manufacturer prior to 

commercial operations. The petitioner will not permit any PIC to operate unless the PIC 

meets its qualification criteria and demonstrates the ability to safely operate the UA in a 

manner consistent with how the UA will be operated under this exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from persons, 

vessels, vehicles and structures. PIC qualification flight hours and currency will be 

logged in a manner consistent with 14 CFR §61.51(b). A record of the PIC training will 

be documented and made available upon request by the Administrator. Training 

operations will only be conducted during dedicated training sessions. During training, 

proficiency, and experience-building flights, all persons not essential for flight operations 

will be considered nonparticipants, and the PIC will operate the UA with appropriate 

distance from nonparticipants in accordance with 14 CFR § 91.119. 

The VO will not perform any other duties beyond assisting the PIC with seeing and 

avoiding other air traffic and other ground based obstacles/obstructions, and will not be 

permitted to operate the camera or other instruments.

Petitioner states that the intended use of the UAS would be for aerial photography 

and/or video for public and/or private use for marketing of residential and 

commercial real estate, inspections, surveys, television production for both open and 

closed sets, and social events.

This type of data collection has been done by manned aircraft or by individuals on the 

ground. However, there is an enhanced safety and a reduction in environmental impact 

that is achieved by using a UAS. 

Safety

The DJI PHANTOM 2 will be flown in airspace under 400 feet above ground level

(“AGL”) and under controlled conditions in rural areas. Epic Media will avoid congested

and densely populated areas and will work with local Flight Standard District Offices to

determine safe areas to fly in. The flight crew will always make a safety assessment of

the risk of every operation, and will only operate when it is determined that no undue

hazards are present.

Prior to departing for an operation, the flight crew will briefly turn on the DJI

PHANTOM 2 to ensure that everything is connected and that the DJI PHANTOM 2 is in

operational condition. Upon arrival at a location for filming or photography, the flight

crew will conduct an aerial and ground preflight inspection. This inspection is listed in

Appendix D to the DJI Phantom 2.
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If the radio control link is broken during flight, the autopilot system will recognize this

broken control link and cause the DJI PHANTOM 2 to automatically return to the home

area as recorded by the GPS instrumentation.

The flight crew will conduct a physical inspection of the aircraft. At any time during the

flight, should the aircraft lose connection with the remote control, the flight control

system failsafe will be activated automatically, and the aircraft will to return to the

previously-set home area and land, in order to reduce injuries or damage. If any of the

following situations occur, the aircraft will not receive a signal, and enter into this failsafe

mode:

1. The remote control is powered off.

2. The aircraft has flown out of the effective communication range of the remote

control, which is no greater than 1,000 meters (3,280 feet).

3. There is an obstacle obstructing the signal between the remote control and the

aircraft, essentially reducing the distance the signal can travel

4. or there is interference causing a signal problem with the remote control.

For further information regarding the DJI PHANTOM 2’s failsafe functions, please refer

to Exhibit “A”, the DJI PHANTOM 2 User Manual, Section 6.4, beginning on page 25 of

that document.

The DJI PHANTOM 2 also has “no fly zones” programmed into it, which will prevent

flights in restricted zones. Although Epic Media, Inc. will take every precaution to avoid

flying in airspace other than class G airspace, the preprogrammed “no fly zones” will add

an additional level of safety to operations. For further information regarding the DJI’s

PHANTOM 2 “no fly zones,” please refer to Exhibit “A”, Section 6.7 of the DJI User

Manual, beginning on page 28 of that document.

Other than this automated feature of the DJI PHANTOM 2, the PIC will always fly the

PHANTOM 2 manually. The PIC and VO have tested the DJI PHANTOM 2 in a variety

of weather conditions. The PIC and VO will not fly the DJI PHANTOM 2 in heavy

rainstorms, or high winds due to decreased visibility and the potential for water damage

to the DJI PHANTOM 2. The PIC and VO have also practiced emergency bailout

procedures by having the DJI PHANTOM 2 return to home. In the event of an

emergency, the PIC will release the joysticks. This will make the DJI PHANTOM 2

automatically hover in place and maintain its position and altitude, and the PIC and VO

can determine if and when it is safe for the DJI PHANTOM 2 to return to the home

location.

During flights, the PIC and the VO will be standing next to each other, in oral

communication at all times at the ground station. The VO will observe the telemetry data

on the laptop and will monitor the images from the camera from the laptop. The VO will

direct the PIC if he wishes to capture a different angle on the camera. The Go Pro Hero 4

Black camera will be filming or taking still images at intervals during the entirety of the
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flight and is not controlled independently from the ground station, other than by the

movement of the DJI PHANTOM 2 controller.

Flights will be limited to 15 minutes, which is approximately 75% of the total battery life

of the DJI PHANTOM 2.